Indian courts have discussed the legal position concerning construction of claims and summarized the principles of claim construction in several cases, but the limiting effect of preambles is yet to be specifically tested in a court in India

Ambiguous and inconsistent standards regarding interpretation of Section 3(d) of the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2005, a provision peculiar to Indian law, has remained a key issue in India.

As the patent infringement matters often involve complex technologies and huge amounts at stake, it not just requires exercise of sound judicial wisdom by the Courts but also unswerving standards to be followed by them . . .